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In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West. (City Club of New York v. New York City Board of Standards and Appeals, 202 WL 3083700). Together with the First Department’s previous decision in favor of the developer in the 200 Amsterdam Avenue case (see, Paul D. Selver and James P. Power, “Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building” (New York Real Estate Law Reporter, May 2021), the City Club case highlights the extreme deference appellate courts accord BSA determinations interpreting New York City’s extraordinarily complex zoning scheme.
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Enforcement of Obligations Imposed In SEQRA Findings Statements
By Stewart E. Sterk
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
By NYRE Staff
Encroachment By Party Wall Will Not Support a Notice of Pendency
Questions of Fact Remain In Party Wall Dispute
Easement Was Only for Access
Seller’s Failure to Provide Estoppel Certificates Excuses Purchaser from Performing
Equitable Title Claim Upheld
By NYRE Staff
Nonpayment Proceeding Not Available for Use and Occupancy
Questions of Fact About Whether Landlord Accepted Surrender
Improper Withholding of Consent Does Not Excuse Guarantor
Loft Board’s Rejection of Abandonment Petition Upheld
By NYRE Staff
Town Law Does Not Require Public Hearing On Site Plan Approval
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